HB 0191 2004
1	A bill to be entitled
2	An act relating to retirement; providing legislative
3	intent; amending s. 121.091, F.S.; revising provisions
4	relating to benefits payable for total and permanent
5	disability for certain Special Risk Class members of the
6	Florida Retirement System who are injured in the line of
7	duty; providing for contribution rate increases to fund
8	benefits provided in s. 121.091, F.S., as amended;
9	directing the Division of Statutory Revision to adjust
10	contribution rates set forth in s. 121.071, F.S.;
11	providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1. It is declared by the Legislature that
16	firefighters, emergency medical technicians, paramedics, law
17	enforcement officers, correctional officers, and correctional
18	probation officers, as defined in this act, perform state and
19	municipal functions; that it is their duty to protect life and
20	property at their own risk and peril; that it is their duty to
21	continuously instruct school personnel, public officials, and
22	private citizens about safety; and that their activities are
23	vital to the public safety. Therefore, the Legislature declares
24	that it is a proper and legitimate state purpose to provide a
25	uniform retirement system for the benefit of firefighters,
26	emergency medical technicians, paramedics, law enforcement
27	officers, correctional officers, and correctional probation
28	officers, as defined in this act, and intends, in implementing
29	the provisions of s. 14, Art. X of the State Constitution as
30	they relate to municipal and special district pension trust fund
31	systems and plans, that such retirement systems or plans be
32	managed, administered, operated, and funded in such manner as to
33	maximize the protection of pension trust funds. Pursuant to s.
34	18, Art. VII of the State Constitution, the Legislature hereby
35	determines and declares that the provisions of this act fulfill
36	an important state interest.
37	Section 2. Paragraph (b) of subsection (4) of section
38	121.091, Florida Statutes, is amended to read:
39	121.091 Benefits payable under the system.--Benefits may
40	not be paid under this section unless the member has terminated
41	employment as provided in s. 121.021(39)(a) or begun
42	participation in the Deferred Retirement Option Program as
43	provided in subsection (13), and a proper application has been
44	filed in the manner prescribed by the department. The department
45	may cancel an application for retirement benefits when the
46	member or beneficiary fails to timely provide the information
47	and documents required by this chapter and the department's
48	rules. The department shall adopt rules establishing procedures
49	for application for retirement benefits and for the cancellation
50	of such application when the required information or documents
51	are not received.
52	(4) DISABILITY RETIREMENT BENEFIT.--
53	(b) Total and permanent disability.--A member shall be
54	considered totally and permanently disabled if, in the opinion
55	of the administrator, he or she is prevented, by reason of a
56	medically determinable physical or mental impairment, from
57	rendering useful and efficient service as an officer or
58	employee. A Special Risk Class member who is an officer as
59	defined in s. 943.10(1), (2), or (3); a firefighter as defined
60	in s. 633.30(1); an emergency medical technician as defined in
61	s. 401.23(11); or a paramedic as defined in s. 401.23(17) who is
62	catastrophically injured as defined in s. 440.02, Florida
63	Statutes 2002, in the line of duty shall be considered totally
64	and permanently disabled and unable to render useful and
65	efficient service as an officer, unless the administrator can
66	provide documented competent medical evidence that the officer
67	is able to render useful and efficient service as an officer.
68	For purposes of this subsection, the term "officer" includes
69	police officers, correctional officers, correctional probation
70	officers, firefighters, emergency medical technicians, and
71	paramedics.
72	Section 3. Effective July 1, 2004, in order to fund the
73	benefits provided in s. 121.091, Florida Statutes, as amended by
74	this act:
75	(1) The contribution rate that applies to the Special Risk
76	Class of the defined benefit program of the Florida Retirement
77	System shall be increased by 0.02 percentage points.
78	(2) The contribution rate that applies to the Special Risk
79	Administrative Support Class of the defined benefit program of
80	the Florida Retirement System shall be increased by 0.14
81	percentage points.
82
83	These increases shall be in addition to all other changes to
84	such contribution rates which may be enacted into law to take
85	effect on that date. The Division of Statutory Revision is
86	directed to adjust accordingly the contribution rates set forth
87	in s. 121.071, Florida Statutes.
88	Section 4. This act shall take effect upon becoming a law.